Your political rights are an essential part of your freedom and democracy. You may want to follow or refrain from following a particular course of political action or activity, such as voting, campaigning, protesting, or donating, according to your beliefs and values. However, you may be worried about how your employer will react to your political choices. Will you be pressured, threatened, or even fired for expressing your political views or participating in political activities? What if your employer tries to coerce or influence you to support or oppose a certain candidate, party, or issue? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under California Labor Code Section 1102 and how we can help you if your employer violates them.
What is California Labor Code Section 1102?
California Labor Code Section 1102 is a California law that prohibits employers from coercing, influencing, or attempting to coerce or influence their employees to follow or refrain from following any particular course of political action or activity. This law also prohibits employers from adopting any rule, regulation, or policy that forbids or prevents their employees from engaging in any political activity of their choice.
This law applies to all employers and employees in California, regardless of their position, status, or industry. It also applies to both on-duty and off-duty political activities.
What are the benefits of California Labor Code Section 1102?
California Labor Code Section 1102 provides several benefits for employees who exercise their political rights. These include:
- The right to follow or refrain from following any political action or activity of your choice without fear of losing your job or facing other negative consequences from your employer.
- The right to challenge any coercion, influence, or interference by your employer regarding your political choices.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer violates this law by taking any adverse action against you for exercising your political rights.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of California Labor Code Section 1102?
California Labor Code Section 1102 does not cover every situation where an employee may exercise their political rights. Some of the limitations of this law are:
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales and certain computer employees.
- It does not require employers to accommodate their employees’ political activities during work hours or on the employer’s premises unless the employer has a policy or agreement to do so.
- It does not protect employees who engage in unlawful or disruptive political activities that interfere with the employer’s legitimate business interests.
How can we help you if your employer violates California Labor Code Section 1102?
If you believe that your employer has violated your rights under California Labor Code Section 1102 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for exercising your political rights, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
